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Patna High Court

Anand KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to a bond and verification of the petitioner’s criminal antecedent.

Summary

Anand Kumar applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act, alleging that liquor was recovered from a site adjacent to his brick‑kiln and that he was not arrested or found in possession of the contraband. He contended that the police had improperly implicated him, citing a history of prior excise cases and alleging procedural lapses. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs 50,000 with two sureties, subject to verification of his criminal antecedent. The court stipulated that if the verification reveals more than ten prior cases, the bail would be presumed obtained by concealment and the order would not be confirmed; if ten or fewer cases are found, the bail would be confirmed. The application was therefore allowed conditionally.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 CrPC for an offence punishable under Section 30(a) of the Excise Act.
  • Whether the petitioner’s criminal antecedent (number of prior cases) affects the grant of anticipatory bail.
  • Whether the absence of arrest and lack of possession of the alleged contraband justify anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438
  • Excise Act
  • criminal antecedent
  • bail bond
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30679 of 2026
                     Arising Out of PS. Case No.-433 Year-2025 Thana- Excise P.S. District- Darbhanga
                 ======================================================
                 Anand Kumar Son of Ramchandra Ray Resident of Village -Tira Jhatmalpur
                 PS -Kalyanpur Distt -Samastipur

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Anish Kumar
                 For the Opposite Party/s :        Ms.Meena Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   06-05-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   inadvertently at Para-3, it has been pleaded that petitioner has

                   antecedent of nine cases when he has antecedent of ten cases out

                   of which eight cases are under the Excise Act and allegation is

                   of recovery of 272.52 litres of liquor from a place near a brick-

                   kiln.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even alleged
Patna High Court CR. MISC. No.30679 of 2026(2) dt.06-05-2026
                                            2/3




          recovery is from a place, which does not belong to the

          petitioner, but then is adjacent to his brick-kiln, as such, he came

          to be implicated in the instant case. It is next submitted that

          police in majority of cases implicating innocent persons either at

          the behest of Chaukidar, local person, secret information and

          confessional statement in a mechanical manner without holding

          a proper investigation. It is next submitted that petitioner earlier

          also in similar manner came to be implicated in cases relating to

          excise. It is further submitted that manner in which cases

          relating to excise are being instituted by the police without

          holding a proper investigation has already jammed the jails of

          State of Bihar.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner, above-named, in the

          event of his arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum of Rs.50,000/- (Rupees Fifty Thousand) with two sureties

          of the like amount each to the satisfaction of the learned Trial

          Court where the case is pending/successor Court in connection
               Patna High Court CR. MISC. No.30679 of 2026(2) dt.06-05-2026
                                                           3/3




                         with Darbhanga Excise P. S. Sadar Case No.433 of 2025,

                         subject to the conditions laid down under Section 438(2) of the

                         Cr.P.C.

                                      7. The application stands allowed.

                                      8. It is made clear that the learned trial Court after

                         accepting the provisional bail bonds of the petitioner shall verify

                         the criminal antecedent of the petitioner and in the event, if it is

                         found that petitioner has antecedent of more than ten cases, then

                         it would be presumed that petitioner for the purposes of

                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of ten cases only, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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